Malatji & Co Attorneys

Public law: Constitutional and Administrative Law

We assisted Minister Pravin Gordhan in the various review applications of the Public Protector reports. At the centre of the issues in dispute was the Public Protector’s powers in exercising her duties in relation to the findings made against Minister Gordhan.


In one of the reviewed reports, the Public Protector and the Economic Freedom Fighters (“the EFF”) who intervened in the proceedings launched a direct leave to appeal to the Constitutional Court, against the whole judgment and order of Potterill J in the High Court of South Africa, Gauteng Division, Pretoria (High Court). The Constitutional Court characterised the adjudication of the matter as being of national importance as it concerned the granting of interim orders against the Public Protector. The Constitutional Court dismissed the applications and held in favour of Minister Gordhan. The Constitutional Court judgment reaffirmed the rights of persons to obtain interim relief, even against the Public Protector, in circumstances where the test as set out in prior Constitutional Court judgments has been met. The neutral citation of the judgment is Economic Freedom Fighters v Gordhan and Others; Public Protector and Another v Gordhan and Others [2020] ZACC 10.


Tebogo acted on behalf of Waymark Infotech (Pty) Ltd in their claim against the Road Traffic Management. Waymark launched an action for damages flowing from RTMC’s repudiation of its contractual obligations. The RTMC counter-claimed that it was not bound by the agreement, relying on two provisions in the Public Finance Management Act 20 of 1999 (PFMA). The Constitutional Court dismissed the appeal by the RTMC and held that the agreement was a procurement contract and thus did not require the authorisation of the Minister of Finance given the numerous other checks imposed by the PFMA on transactions of this nature. The case is reported sub nom Road Traffic Management Corporation v Waymark (Pty) Ltd (2018) ZACC 12.


Tebogo acted as an attorney for the Independent Electoral Commission (“the IEC”) in the successful direct appeal to the Constitutional Court in relation to the 2011 local government elections, dealing with processes for the registration of candidates for local government elections. The case is reported sub nom Electoral Commission of the Republic of South Africa v Inkatha Freedom Party (CCT 33/11) [2011] ZACC 16; 2011 (9) BCLR 943 (CC) (10 May 2011).


Tebogo has acted for the newly established Information Regulator, established under the Protection of Personal Information Act, relating to the SASSA / Cash Paymaster Services (Pty) Ltd (“CPS”) Constitutional Court case. The Information Regulator’s role in the case related to the protection of personal information of grant recipients against abuse by financial service providers which included CPS. That judgment is reported sub nom Black Sash Trust v Minister of Social Development and Others [2017] ZACC 8.


We acted on behalf of the CRL Rights Commission. We successfully defended an urgent interdict against the hearings conducted by the CRL Commission by a prominent church. The interdict sought to stop the Constitutional mandate of the CRL which is a chapter 9 institution, being to conduct public hearings into allegations made by members of the church against its senior leaders. We further successfully opposed the ensuing leave to appeal application by the church.


Tebogo was the lead attorney in the Constitutional Case between the State Information Technology Agency SOC Limited (“SITA”) v Gijima Holdings (Pty) Limited,
acting on behalf of the SITA. The primary issue for consideration were what means may an organ of state seek the review and setting aside of its own decision, i.e. whether it invoke the Promotion of Administrative Justice Act 1 of 1999 (PAJA) or, by means of a legality review. The neutral citation is State Information Technology Agency SOC Limited v Gijima Holdings (Pty) Limited [2017] ZACC 40.

Solverwp- WordPress Theme and Plugin